Category Fair Use

Post-Hearing Statement to USTR, re: Generalized System of Preferences Review of South Africa

[Sean Flynn and Peter Jaszi] This statement provides additional information in regard to the complaint by IIPA against South Africa in both the GSP docket... As explained by the many participants in the public hearing, all of the issues complained about in the Copyright Amendments Bill (CAB) have analogues in U.S. law or in the law of other countries that have not been challenged by the U.S. (including in the Special 301 process or in any WTO or other trade forum). Accordingly, sanctioning South Africa for these rules would lack a “general” basis and could also be considered arbitrary and capricious under the Administrative Procedures Act.

Post-Hearing Statement to USTR, re: Generalized System of Preferences (GSP) Review of South Africa

[Sean Flynn and Peter Jaszi] This statement provides additional information in regard to the complaint by IIPA against South Africa in both the GSP docket... As explained by the many participants in the public hearing, all of the issues complained about in the Copyright Amendments Bill (CAB) have analogues in U.S. law or in the law of other countries that have not been challenged by the U.S. (including in the Special 301 process or in any WTO or other trade forum). Accordingly, sanctioning South Africa for these rules would lack a “general” basis and could also be considered arbitrary and capricious under the Administrative Procedures Act.

President Ramaphosa: Please Sign Copyright Bill

[Electronic Information for Libraries] In a letter to Cyril Ramaphosa, President of the Republic of South Africa, EIFL urged the President to sign into law the long-awaited Copyright Amendment Bill without delay. The Bill, amending the 1978 Copyright Act, was approved by the legislature in March 2019 and awaits the Presidential assent. The Bill introduces new exceptions for libraries, education and people with disabilities, and brings copyright rules in South Africa into the digital age.

USTR Launches Review of South African GSP Benefits

The USTR has announced that its next GSP review hearing will include consideration of the complaint by the IIPA alleging that South Africa’s adoption of a US style fair use right would violate the adequate and effective intellectual property requirement for GSP (19 U.S.C. 2462(c)(5)) primarily due to passage (but not yet signed into law) Copyright Amendment Act.

Cracking the Copyright Dilemma in Software Preservation: Protecting Digital Culture Through Fair Use Consensus

[Brandon Butler, Patricia Aufderheide Peter A. Jaszi, and Krista Cox] Abstract: Copyright problems may inhibit the crucially important work of preserving legacy software. Such software is worthy of study in its own right because it is critical to accessing digital culture and expression. Preservation work is essential for communicating across boundaries of the past and present in a digital era. Software preservationists in the United States have addressed their copyright problems by developing a code of best practices in employing fair use.

Creative Workers’ Union Letter to President of South Africa, re: Copyright Amendment Bill

[International Federation of Actors; International Federation of Musicians; and UNI – Media, Entertainment & Arts] We are writing to you as it has become apparent that several international industry federations in the publishing, music and audiovisual sector have approached you with scaremongering letters to avert your approval of a much-needed reform in South Africa, including vital provisions to enhance the livelihood of professional performers and authors. We want you to know that we strongly disapprove of this initiative.

Computer & Communications Industry Association Letter to President of South Africa

[Ed Black] ... Contrary to the suggestions of the U.S. companies opposing fair use in South Africa, there is nothing inappropriate about the Copyright Amendment Bill’s inclusion of fair use. South African users and creators should be allowed to benefit from fair use, just as American users and creators are able to, along with the millions of citizens of the other jurisdictions that have adopted fair use.

IIPA Petition Leads USTR to Review South Africa’s GSP Benefits

The U.S. Trade Representative (USTR) has announced an upcoming review of South Africa's eligibility for trade benefits under the General System of Preferences (GSP), a system which allows duty-free imports from developing countries that meet certain criteria. According to the announcement, USTR "is accepting a petition from the International Intellectual Property Alliance based on concerns with South Africa’s compliance with the GSP IP criterion, in the area of copyright protection and enforcement." It will publish a Federal Register Notice requesting comments and announcing the dates of a public hearing.

Copyright Flexibility Opens the Door to Decisive AI Advantages

New copyright legislation will be the first government implementation of policy for the fourth industrial revolution in SA. The Copyright Amendment Bill of 2017 before the president for signature features copyright flexibilities needed for SA to benefit from the fourth industrial revolution. These will free SA entrepreneurs to develop innovative techniques of data analysis without holdup from copyright holders, to grow local data analysis capacity and allow innovation in artificial intelligence (AI) and the internet of things.